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Officer shooting suspect appears in court

The District Attorney has filed additional felony charges against Cody Alan Powell

By Jessica Maher

Reporter-Herald Staff Writer

Posted:
03/13/2014 05:55:38 PM MDT

Updated:
03/13/2014 05:56:35 PM MDT

Powell

Dressed in red issued by the Larimer County Jail, Cody Alan Powell appeared in 8th Judicial District Court on Thursday and listened as attorneys discussed the parameters of his high-profile case.

Powell, 23, of Loveland, is accused of shooting Loveland police officer Garret Osilka during a traffic stop on March 2. Powell turned himself in to police on March 4, and was arrested on suspicion of attempted first-degree murder of a peace officer, a class 2 felony, and first-degree assault, a class 3 felony.

The Larimer County District Attorney's Office upheld those charges and filed additional charges of violent crime with a weapon, felony motor vehicle theft, four felony counts of possession of a dangerous weapon and four felony counts of possession of a weapon by a previous offender.

Police believe that Osilka, who was released from the hospital last week, was shot with a 12-gauge shotgun after pulling over a Jeep for unreadable license plates.

According to an arrest affidavit, the Jeep had been stolen from Kar Kare auto body shop in Loveland, where Powell worked as a painter.

Powell is represented by the Office of the Colorado State Public Defender, which filed nine motions for District Court Judge Stephen E. Howard to consider at Powell's first appearance.

The majority of the motions were covered under state statues related to discovery and procedure in criminal proceedings, Howard said. But during the hour-long hearing, Howard indicated that he will issue two orders: one would limit pre-trial publicity and the other would outline how police notes from the case are disclosed.

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Larimer County District Attorney Cliff Riedel argued that the motion for the defense to have access to all notes that police officers have taken during the course of the investigation was too broad and could include to-do lists and other work products.

"Officers have all kinds of notes in the course of any investigation," Riedel said.

Howard ruled that notes related to unreleased interviews should be disclosed, but the prosecution does not need to provide notes from interviews that were taped or video recorded.

Howard also will issue an order limiting pre-trial publicity in a case that has garnered national attention. The order will require law enforcement personnel and attorneys follow state professional standards rules.

"I do agree that there's some utility in having it out so people involved in the case, other than the attorneys, are aware of what the scope of that order is," Howard said.

Powell remains in Larimer County Jail on $500,000 bond. Family and friends filled two rows in the courtroom behind him on Thursday while Loveland Police Chief Luke Hecker sat across the aisle.

The shooting remains under investigation and no other suspects have been arrested in connection to the case.

With his attorney citing the police reports still coming in and time needed to review them, Powell told the judge he gave up his right to have a preliminary hearing within 35 days.

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